Gutierrez

MEMORANDUM DECISION

On March 28, 1988, after hearing argument in this habeas corpus action, the Court remanded the case to respondent District Director for reconsideration of the decision to deny parole to petitioner Gutierrez. When the District Director again denied parole, Gutierrez renewed his petition in this Court. On May 6, 1988, the Court granted Gutierrez’s request for a writ of habeas corpus and ordered the District Director to release Gutierrez on parole into the United States. The present opinion will serve to explain the reasons for the Court’s decision.

BACKGROUND

Since this Court detailed the underlying facts of this case in its March 28 order, it is unnecessary to repeat them in full here. A brief summary will suffice. Gutierrez, who is presumably a Mexican national, resided in this country for nine years, apparently without documentation. He was gainfully employed and started a family during that time. He is now the father of two United States citizens.

In May 1987, Gutierrez departed the United States to visit his ailing mother in Mexico. Approximately three weeks later, he attempted to reenter this country using counterfeit documentation. The Immigration and…